R. v. Pashe (S.J.), (1995) 100 Man.R.(2d) 61 (CA)
| Judge | Huband, Twaddle and Kroft, JJ.A. |
| Court | Court of Appeal (Manitoba) |
| Case Date | December 15, 1994 |
| Jurisdiction | Manitoba |
| Citations | (1995), 100 Man.R.(2d) 61 (CA);1995 CanLII 6256 (MB CA);[1995] MJ No 76 (QL);100 Man R (2d) 61 |
R. v. Pashe (S.J.) (1995), 100 Man.R.(2d) 61 (CA);
91 W.A.C. 61
MLB headnote and full text
Her Majesty The Queen (respondent) v. Sharon Jane Pashe (accused/appellant)
(Suit No. A.R. 94-30-01941)
Indexed As: R. v. Pashe (S.J.)
Manitoba Court of Appeal
Huband, Twaddle and Kroft, JJ.A.
February 14, 1995.
Summary:
The accused struck her 21 month old foster child rendering him unconscious, then shook him excessively. The child died the following day. The accused pleaded guilty to criminal negligence causing death. Counsel jointly recommended a 12 month period of imprisonment. The trial judge sentenced the accused to two years less a day plus three years' probation. The accused appealed.
The Manitoba Court of Appeal, Twaddle, J.A., dissenting, allowed the appeal and substituted a sentence of one year's imprisonment.
Criminal Law - Topic 5813
Sentencing - Sentencing procedure and rights of the accused - Plea bargain - Effect of agreement by counsel on sentence - The Manitoba Court of Appeal stated that a sentencing judge has the discretion to reject a plea-bargained joint recommendation of counsel respecting sentence, but should not reject it unless there is good cause to do so - See paragraph 12.
Criminal Law - Topic 5863.1
Sentence - Criminal negligence causing death - The 30 year old accused struck her 21 month old foster child, rendering him unconscious - She then shook the child to revive him - She took him to hospital where he died next day as a result of the shaking - The accused pleaded guilty to criminal negligence causing death - As a result of plea bargaining, counsel jointly recommended a sentence of one year's imprisonment - The sentencing judge imposed a sentence of two years less a day plus three years' probation - The Manitoba Court of Appeal reduced sentence to the recommended one year's imprisonment.
Cases Noticed:
R. v. Kiesman (1991), 75 Man.R.(2d) 314; 6 W.A.C. 314 (C.A.), refd to. [para. 12].
R. v. Simoneau (1978), 40 C.C.C.(2d) 307 (Man. C.A.), refd to. [para. 19].
Authors and Works Noticed:
Nadin-Davis and Sproule, Canadian Sentencing Digest [1989-1991], vol. 1, generally [para. 14].
Ruby, Clayton C., Sentencing (4th Ed. 1994), generally [para. 14].
Counsel:
J.J. Gindin, for the appellant;
R.A. Saull, for the respondent.
This appeal was heard on December 15, 1994, before Huband, Twaddle and Kroft, JJ.A., of the Manitoba Court of Appeal. On February 14, 1995, the judgment of the court was rendered orally and the following opinions were filed:
Huband, J.A. (Kroft, J.A., concurring) - see paragraphs 1 to 16;
Twaddle, J.A., dissenting - see paragraphs 17 to 25.
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R. v. Night (L.C.), 2008 SKPC 169
...process is undermined if the resulting compromise recommendation is too readily rejected by the sentencing judge' - R. v. Pashe (1995), 100 Man. R.(2d) 61, at para. 11. Joint submissions ... should be accepted by the trial judge unless they are unfit: R. v. Sinclair , [1996] A.J. No. 464, a......
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Plea Discussions
...R- v. Hoang (2001), 153 C.C.C. (3d) 317 at 318-20 (Alta. C.A.); R. v. Carder (1995), 174 A.R. 212 at 213 (C.A.); R. v. Pashe (1993), 100 Man. R. (2d) 61 at 62-63 (C.A.); and R. v. C.CG.W.) (2000), 150 C.C.C. (3d) 513 at 519-23 (Alta. C.A.). Also see s. 606(4) of the Criminal Code, R.S.C. 19......
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R. v. Druken (J.K.), (2005) 252 Nfld. & P.E.I.R. 314 (NLTD)
...process is undermined if the resulting compromise recommendation is too readily rejected by the sentencing judge.' R. v. Pashe (1995), 100 Man. R.(2d) 61 (Man. C.A.) at para. 11. "Joint submissions, however, should be accepted by the trial judge unless they are unfit: R. v. Sinclair , ......
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R. v. McDonald (C.D.), 2012 SKQB 245
...v. Pauchay, supra ; R. v. Fineday , 2007 SKPC 2, 46 C.R. (6th) 108; R. v. Lam , 2004 ABQB 78, 37 Alta. L.R. (4th) 141; R. v. Pashe (1995), 100 Man. R. (2d) 61, [1995] M.J. No. 76 (Man. C.A.) (QL); R. v. Patten (2002), 218 Nfld.& P.E.I.R. 303, [2002] N.J. No. 295 (N.L.S.C.) (QL); R. v. R......
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R. v. Night (L.C.), 2008 SKPC 169
...process is undermined if the resulting compromise recommendation is too readily rejected by the sentencing judge' - R. v. Pashe (1995), 100 Man. R.(2d) 61, at para. 11. Joint submissions ... should be accepted by the trial judge unless they are unfit: R. v. Sinclair , [1996] A.J. No. 464, a......
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R. v. Druken (J.K.), (2005) 252 Nfld. & P.E.I.R. 314 (NLTD)
...process is undermined if the resulting compromise recommendation is too readily rejected by the sentencing judge.' R. v. Pashe (1995), 100 Man. R.(2d) 61 (Man. C.A.) at para. 11. "Joint submissions, however, should be accepted by the trial judge unless they are unfit: R. v. Sinclair , ......
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R. v. McDonald (C.D.), 2012 SKQB 245
...v. Pauchay, supra ; R. v. Fineday , 2007 SKPC 2, 46 C.R. (6th) 108; R. v. Lam , 2004 ABQB 78, 37 Alta. L.R. (4th) 141; R. v. Pashe (1995), 100 Man. R. (2d) 61, [1995] M.J. No. 76 (Man. C.A.) (QL); R. v. Patten (2002), 218 Nfld.& P.E.I.R. 303, [2002] N.J. No. 295 (N.L.S.C.) (QL); R. v. R......
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R. v. Chamberlin (R.R.), 2015 SKPC 69
...range for a given offence." Similarly, the Manitoba Court of Appeal observed in R. v. Pashe (S.J.) (1995), 1995 CanLII 6256, 100 Man. R. (2d) 61 at para. 11 that "[t]he bargaining process is undermined if the resulting compromise recommendation is too readily rejected by the sentencing judg......